DEVI PRASAD Vs. STATE OF UTTARAKHAND & ANOTHER
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and another
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(1.) Since both these applications under Section 482 of Cr.P.C. have arisen out of single charge-sheet, therefore, they are being disposed of by this common judgment and order, for the sake of brevity and convenience.
(2.) The applicant(s), by means of present application / petition under Section 482 of Cr.P.C., seek to quash the summoning order dated 14.07.2009 and the charge-sheet dated 13.12.2008, as well as the entire
proceedings of criminal case no. 3960 of 2009, State vs Devi Prasad and others, under Sections 420, 467, 468, 471, 120-B of IPC, pending in the Court of Judicial Magistrate, Rishikesh.
(3.) An FIR was lodged by informant (respondent no. 2 herein) against Narendra Kumar Sharma (non-applicant) on 07.01.2008, at police station Rishikesh, which was registered as case crime no. 06 of 2008, under Sections 420, 467, 468, 471, 506 of IPC. After the investigation, a charge-sheet was submitted against the named accused Narendra Kumar Sharma and the applicants. Whereas the chargesheet was submitted against Narendra Kumar Sharma in respect of offences punishable under Sections 420, 467, 468, 471, 506, 120-B of IPC, present applicants were charge-sheeted under Section 120-B of IPC only. Aggrieved against the filing of charge-sheet and summoning order against them, present applications under Section 482 of Cr.P.C. were filed by the applicants.;
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